Bombay HC directs Maharashtra Govt to Fill Vacancies in State Commission for Protection of Child Rights

Bombay HC directs Maharashtra Govt to Fill Vacancies in State Commission for Protection of Child Rights

The Bombay High Court has ordered the Maharashtra State Government to fill up the vacancies in the Maharashtra State Commission for Protection of Child Rights.

The directive was issued by the division bench of the Bombay High Court, led by Justice Nitin Jamdar and Justice MM Sathaye, during the hearing of a Public Interest litigation brought forth by the NGO Bachpan Bachao Andolan. The NGO Bachpan Bachao Andolan filed a PIL requesting the enforcement of directives issued by the Supreme Court in 2018.

In response to the Supreme Court's dissatisfaction with the government's non-compliance with the Juvenile Justice Act, the division bench has instructed the government to fill all vacant positions in both the State Level Child Rights Protection Society and the District Level Child Rights Protection Units within three months.

The high court has mandated the Maharashtra State Government to establish Special Juvenile Police Units within three months in districts and cities where they are yet to be constituted. This process is to be overseen by officers of no lower rank than the Deputy Superintendent of Police.

Earlier, the High Court raised concerns over the staggering number of pending cases, exceeding 40,000, under the Juvenile Justice (Care and Protection of Children) Act (JJ Act). The court observed that such a high backlog undermines the spirit of the JJ Act, which mandates inquiries to be completed within four months.

In its order, the high court noted that the deficiencies within the state government pose a significant risk to the welfare of children, compromising their rights and exposing them to potential exploitation and neglect.

The high court directed the State Authorities to ensure that the Annual Reports for the years 2018 to 2023 are published within a period of four months. Furthermore, going forward, the Annual Report is to be prepared and made available online by the end of June each year.

Case title: Bachpan Bachao Andolan & Anr vs State of Maharashtra & Ors

 

 

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